Public Authorities - Law Dictionary Search Results
Home Dictionary Name: public authorities Page: 2Libraries (Public)
Libraries (Public). The (English) Public Libraries Acts, 1855-1890, authorised the establishment, at the expense of the ratepayers, of free public libraries in municipal boroughs, Improvement Act districts, and parishes, in England, by the vote of a majority of two-thirds of the inhabitants, taking by voting papers, 'and not otherwise,' (Act of 1890, s. 2). These Acts were consolidated by the Public Libraries Act, 1892 (55 7 56 Vict. c. 53), amended in the following year by 56 & 57 Vict. c.11, which allowed the Act to be adopted in urban districts by the urban authorities instead of by direct popular vote. In rural parishes the parish councils had this power transferred to them by the Local Government Act, 1894. Land may be taken compulsorily. Libraries under the Act are absolutely free, save that a charge may be made to non-residents for the use of a lending library. The Act of 1892 provided that the library rate was not to exceed one penny in the pound in any financial year, and migh...
Quarantine, or Quarentaine
Quarantine, or Quarentaine. 1. By Magna Carta, the widow shall not be distrained to marry afresh, if she choose to live without a husband, but she shall not, however, marry against the consent of the Lord; and nothing shall be taken for assignment of her dower, but she shall remain in her husband's capital mansion-house for forty days after his death, during which time her dower shall be assigned. These forty days are called the widow's quarantine. Marriage during these forty days forfeits the dower. This right was enforced by writ of Quarantina habenda. See 1 Steph. Com.2. A quantity of land containing forty perches, Leg. Hen. I., c. 16.3. A regulation by which communication with persons, ships, or goods arriving from places infected with the plague, or other contagious disease, or liable thereto, is interdicted for a certain period. The term is derived from the Italian quaranta, forty; it being supposed, that if no infectious disease break out within forty days or six weeks, no furth...
Lands Clauses Consolidation Act, 1845, (English)
Lands Clauses Consolidation Act, 1845, (English) (8 & 9 Vict. C. 18), amended by 23 & 24 Vict. C. 106, and 32 & 33 Vict. c. 18, applicable to England and Ireland, the Public Act of Parliament whereby railway companies and other public bodies, authorised by special Act of Parliament to take the land of individuals for the purpose of such special Act, enter upon and make compensation for the land. Ss. 3 and 5 apply this general Act to every undertaking established by any special Act passed after its date by which the purchase or taking of lands for such undertaking is authorised and incorporate the general Act with such special Act except when or in so far as it is expressly excluded.The (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (15 & 16 Geo. 5, c. 59), varied the principles of compensation provided by the Lands Clauses Acts upon compulsory purchase by a Government Department or a local or public authority, inter alia, compensation under the Act of 1919, is to ...
Information
Information, an accusation, or complaint, also, communicated knowledge.Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press-releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. [Right to Information Act, 2005, s. 2(f)]Information in chancery. Where a suit was instituted on behalf of the Crown or Government, or of those of whom it had the custody by virtue of its prerogative (such as idiots and lunatics), or whose rights are under its particular protection (such as the objects of a public charity), the matter of complaint was offered to the Court by way of information by the Attorney or Solicitor-General, and not by way of petition. When a suit immediately concerned the crown or government alone, the proceeding was pur...
Public
Public, includes a section of the public. The word 'public', includes in its ordinary acceptation, any section of the public, Venkataraman Devani v. State of Mysore, AIR 1958 SC 255: (1958) SCR 895: (1985) SCJ 382: (1958) 1 Andh WR (SC) 109: (1958) 1 Mad LJ 109 (SC).Is a term of uncertain import, used with many different shades of meaning; public policy, public rights of way, public property, public authority, public nuisance, public house, public school, public company, Public Authorities Protection Act, 1893 (56 & 57 Vict. C 61.Public, is ordinarily used with reference to a joint body of citizens. It means that it is shared in or participated in or enjoyed by people at large, Otherwise, it is common to all the people, Azam Khan v. State of Andhra Pradesh, (1972) 2 Andh WR 288: (1972) Mad LJ (Cr) 674.The word 'public' includes any class of the public or any community. [Penal Code, 1860, s. 12]...
Tax and fee
Tax and fee, it is true that between a tax and a fee there is no generic difference. Both are compulsory exactions of money by public authorities; but whereas a tax is imposed for public purposes and is not, and need not, be supported by any considera-tion of service rendered in return, a fee is levied essentially for services rendered and as such there is an element of quid pro quo between the person who pays the fee and the public authority which imposes it, Hingir Rampur Coal Co. Ltd. v. State of Orissa, AIR 1961 SC 459 (464): (1961) 2 SCR 537.It is now well recognised that there is not generic difference between a tax in and a fee; both are compulsory exaction of money by public authority, Union of India v. R.C. Jain, AIR 1981 SC 951: (1981) 2 SCC 308: (1981) 2 SCR 854.The chief purpose of a tax is to raise funds for the support of the Government or for a public purpose, while a fee may be charged for the privilege or benefit conferred, or service rendered or to meet the expenses c...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Valuation
Valuation, is a process which does not end on marks being awarded by an examiner, Sanjay Singh v. U.P. Public Service Commission, (2007) 3 SCC 720.Means the act or process of valuing, Jensen v. Jensen, 458 NW 2d 391 (1990).This term is generally applied to the equivalent in money of any kind of property. Thus for the payment of estate duty, a valuation of property of all kinds has to be made. Perhaps the most important and the most difficult valuation is that of land. This has almost invariably to be undertaken whenever land is compulsorily acquired. The difficulties that surround this question were fully considered in the case of Re Lucas and Chesterfield Gas and Water Board, (1909) 1 KB 16, in which Lord Justice Moulton in the course of his judgment said (at p. 29):-'The principles upon which compensation is assessed when land is taken under compulsory powers are well-settled. The owner receives for the lands he gives up their equivalent-that is, that which they are worth to him in m...
Venue
Venue [fr. visne, vicinetum, visnetum, Lat.], the place whence a jury are to come for trial of causes. See Co. Litt. 125 a, and Hargrave's note (2).Local actions must, before the Jud. Act, have been brought in the county in which the cause of action arose; but transitory actions in any county at the plaintiff's option; and no venue could be changed without a special order of the Court or a judge, unless by consent of the parties, R.H.T. 1853, r. 18.It is, however, provided by (English) R.S.C. 1883, Ord. XXXVI., r. 10, that there shall be no local venue for the trial of any action, except where otherwise provided by statute, but in every action in every Division the place of trial shall be fixed by the Court or a judge; and r. 1, the order made on the summons for directions, fixes the place of trial, but this can be subsequently altered for sufficient cause.Very numerous statutes have from time to time provided that any actions for anything done in pursuance of them should be brought in...
Royalty
Royalty, a payment reserved by the grantor of a patent, lease of a mine or similar right, and payable proportionately to the use made of the right by the grantee. It is usually a payment of money, but may be a payment in kind, that is, of part of the produce of the exercise of the right, Jowitt's Dictionary of English Law, 2nd End., p. 1595.In the legal world, is known as the equivalent or translation of jura 'regalia' or 'jura regia'. Royal rights and prerogatives of a sovereign are covered thereunder. In its secondary sense, the word 'royalty' would signify, as in mining leases, that part of the reddendum, variable thought, payable in cash or kind, for rights and privileges obtained, Inderjeet Singh Sial v. Karam Chand Thapar, (1995) 6 SCC 166.Royalty, is not a tax. Simply because the royalty is levied by reference to the quantity of the minerals produced and the impugned cess too is quantified by taking into consideration the same quantity of the mineral produced, the latter does no...
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